If you publish something on the Internet, would it be fair if someone could sue you for it many years later?
Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can...more

The internet has generated countless new ways to communicate and share thinking. Some posted information is negative, which can still be useful when messages are truthful, in good taste, and constructive. But some negative...more

Fear of liability may match fear of flying for many Americans.
We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

Oleg Cassini, the designer who created Jacqueline Kennedy’s iconic styles, had been linked or married to the most beautiful women of his day – Grace Kelly, Marilyn Monroe, Anita Ekberg, Gene Tierney, among countless others....more

Maligning the memory of the deceased has been viewed as a reprehensible act since antiquity. The Latin aphorism “de mortuis nihil nisi bonum” – roughly translated as “speak nothing but good of the dead” – has been traced back...more

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more

Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking, making sure that your enemies know exactly what you think about them, and that...more

The DC Circuit has announced that the Abbas v. Foreign Policy Group appeal will be heard on October 20, 2014 before Circuit Judges Kavanaugh, Srinivasan, and Senior Circuit Judge Edwards. I thought I would take a quick look...more

Q. Are customer comments posted on consumer review websites protected speech under the First Amendment or are individuals who post opinions potentially subjecting themselves to a libel lawsuit?
A. While the First...more

Many lawyers smirked and scoffed a few months ago when the popular press began touting the Courtney Love “Twibel” trial as a “landmark” case that would set a “major precedent.” In fact, as discussed further elsewhere, it was...more

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess. When we imagine the quintessential whistleblower, the individual is usually someone who...more

The Spanish Supreme Court has ordered French daily newspaper Le Monde to pay damages of €300,000 to Real Madrid and €15,000 to FC Barcelona for linking the Spanish football clubs to a doping plot....more

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more

Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many evolving legal, human...more

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

We have already discussed in this blog of social media in the fashion industry and the new related legal issues.
Is a fashion company – administering a page in a social network, a blog or a forum where customers can...more

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